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Resolutions - 2016.08.18 - 22490
MISCELLANEOUS RESOLUTION # 16191 BY: Commissioner Michael Spisz, District #3 IN RE: BOARD OF COMMISSIONERS — PILOT LOCAL ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2016 APPROPRIATION — VILLAGE OF LEONARD — REPAVING AND RECONSTRUCTION OF ELMWOOD STREET — PROJECT NO. 2016-10 To the Oakland County Board of Commissioners: Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners has authorized the Pilot Local Road Improvement Program to assist Oakland County's cities and villages with the construction, maintenance and repair of roads under the supervision, direction and control of cities and villages; and WHEREAS Miscellaneous Resolution #16103 provides that any Oakland County appropriation in support of the Pilot Local Road Improvement Program shall be distributed only after completion of all of the following: 1. The municipality has fully completed and returned the standard project application form approved by the Local Road Improvement Program Subcommittee; and 2. The municipality has submitted a statement detailing that the project will fulfill the requirement of encouraging and assisting businesses to locate in the county, as required in MCL 123.872; and 3. The municipality has agreed to comply with the provisions of MCL 123.872 that require that a report shall be submitted to the Board of Commissioners outlining the project activities and the degree that the municipality has met the stated purpose of the project; and 4. The municipality has agreed to comply with policies and procedures of the program as approved by the Board of Commissioners including supplementary policies approved by the Local Road Improvement Program Subcommittee; and 5. The Local Road Improvement Program Subcommittee of the Finance Committee has reviewed and recommended approval of the application; and 6. The Commissioner(s) representing the city or village requesting the project submits a resolution authorizing the appropriation of the County's maximum 50% share of the project from the General Fund Designated Fund Balance for Pilot Local Road Improvement Program. The resolution shall be approved by the Finance Committee and the full Board; and 7. A public hearing on the proposed project is conducted during a meeting of the Board of Commissioners; and 8. The municipality has approved and executed a cost participation agreement prepared by Corporation Counsel in accordance with requirement provided in the policies and procedures of the program as approved by the Board of Commissioners including supplementary policies approved by the Local Road Improvement Program Subcommittee; and 9. The municipality submits an invoice to the county in accordance with the conditions included in the cost participation agreement; and WHEREAS the Village of Leonard has identified a project and submitted an application detailing the goals and outcomes of the project; and WHEREAS the Village of Leonard has demonstrated that it has available funding equal to a minimum of 50% the project costs; and WHEREAS Oakland County's share of the Fiscal Year 2016 authorized amount of the Local Road Improvement Program funding for Project No. 2016-10 in the Village of Leonard is $1,409; and WHEREAS a public hearing regarding the project has been held before the Board of Commissioners in accordance with the requirements of MCL 123.872; and WHEREAS upon review of the project application, the Board of Commissioners has determined that the completion of the project will encourage and assist businesses to locate in Oakland County. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the Village of Leonard and authorizes the release of Local Road Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED that the Chairman of the Board of Commissioners is authorized to execute the cost participation agreement with the Village of Leonard prepared by Corporation Counsel for the Pilot Local Road Improvement Program Project No. 2016-10. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution to Oakland County Fiscal Services and the Village of Leonard. Chairperson, I move the adoption of the foregoing Resolution. Commissioner Michael Spisz District #3 LOCAL ROAD IMPROVEMENT MATCHING FUND PILOT PROGRAM COST PARTICIPATION AGREEMENT Repaving and Reconstruction of Elmwood Street Village of Leonard Board Project No. 2016-10 This Agreement, made and entered into this day of , 2016, by and between the Board of Commissioners of the County of Oakland, Michigan, hereinafter referred to as the BOARD, and the Village of Leonard, hereinafter referred to as the COMMUNITY, provides as follows: WHEREAS, the BOARD has established the Pilot Local Road Improvement Matching Fund Program, hereinafter the PROGRAM, for the purposes of improving economic development in Oakland County cities and villages. The terms and policies of the PROGRAM are contained in Attachment A. The BOARD intends the PROGRAM to assist its municipalities by offering limited funds, from state statutory revenue sharing funds, for specific, targeted road maintenance and/or improvement projects on roadways under the jurisdiction of cities and villages; and WHEREAS, the BOARD shall participate in a city or village road project in an amount not exceeding 50% of the cost of the road improvement, hereinafter referred to as the PROJECT, and also not exceeding the Preliminary Distribution Formula as it relates to the COMMUNITY, (Attachment B); and WHEREAS, the COMMUNITY has identified the PROJECT as Repaving and Reconstruction of Elmwood Street, as more fully described in Attachment C, attached hereto, and made a part hereof, which improvements involve roads under the jurisdiction of and within the COMMUNITY and are not under the jurisdiction of the Road Commission for Oakland County or state trunk lines; and WHEREAS, the COMMUNITY has acknowledged and agreed to the BOARD'S policies regarding the PROGRAM, Attachment A, and further acknowledge and agree that the PROJECT's purpose is to encourage and assist businesses to locate and expand within Oakland County and shall submit a report to the BOARD identifying the effect of the PROJECT on businesses in the COMMUNITY at the completion of the PROJECT. In addition, the COMMUNITY acknowledges that the program is meant to supplement and not replace funding for existing road programs or projects; and WHEREAS, the COMMUNITY has acknowledged and agreed that the PROGRAM is expressly established as a pilot program and there is no guarantee that the PROGRAM will be continued from year to year. The COMMUNITY further acknowledges and agrees that if the PROJECT is a multi-year road improvement project, the maximum number of years for the PROJECT funding is three (3) years, although the BOARD anticipates that most PROJECT's funded under the PROGRAM will be completed by the end of calendar-year 2017, and there is no obligation on behalf of the BOARD to fund either the PROJECT or the PROGRAM in the future; and WHEREAS the COMMUNITY has acknowledged and agreed that the COMMUNITY shall assume any and all responsibilities and liabilities arising out of the administration of the PROJECT and that Oakland County shares no such responsibilities in administering the PROJECT; and WHEREAS, the estimated total cost of the PROJECT is $725,034; and WHEREAS, said PROJECT involves certain designated and approved Local Road Improvement Matching Funds in the amount of $1,409, which amount shall be paid to the COMMUNITY by the BOARD; and WHEREAS, the BOARD and the COMMUNITY have reached a mutual understanding regarding the cost sharing of the PROJECT and wish to commit that understanding to writing in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein and in conformity with applicable law and BOARD resolution(s), it is hereby agreed between the COMMUNITY and the BOARD that: 1. The BOARD approves of the PROJECT, and in reliance upon the acknowledgements of the COMMUNITY, finds that the PROJECT meets the purpose of the PROGRAM. 2. The BOARD approves of a total funding amount under the PROGRAM for the PROJECT in an amount not to exceed $1,409, The COMMUNITY shall submit an invoice to the COUNTY in the amount of $1,409, addressed to Lynn Sonkiss, Manager of Fiscal Services, Executive Office Building, 2100 Pontiac Lake Road, Building 41 West, Waterford, MI 48328, upon execution of this Agreement. Upon receipt of said invoice, the BOARD shall pay the COMMUNITY the sum of $1,409 from funds available in the PROGRAM. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and date first written above. OAKLAND COUNTY BOARD OF COMMISSIONERS By: Its: COMMUNITY By: I t's: ATTACHMENT C Pilot Local Road Improvement Matching Fund Program Repaving and reconstruction of Elmwood Street Village of Leonard Board Project No. 2016-10 Repaving/Reconstruction of the primary road known as Elmwood Street in the Village of Leonard. The project will take place over the 2016-17 time frame (two year project) and will include repaving the street with included improvements to accommodate the commercial traffic generated by Cooper Standard and the downtown Village parking areas on the street. ESTIMATED PROJECT COST Total Project Construction Cost $725,034 $725,034 COST PARTICIPATION BREAKDOWN COMMUNITY BOARD TOTAL TOTAL COST $723,625 $1,409 $725,034 RETURN TO AGENDA BOARD OF COMMISSIONERS 1200 N. Telegraph Road Pontiac, M1 48341-047.5 Phone: (248) 858-0100 Fax: (248) 858-1572 2016 APPLICATION FORM LOCAL ROAD IMPROVEMENT MATCHING FUND PILOT PROGRAM Background: Oakland County has established a Local Road Improvement Matching Fund Pilot Program for the purposes of improving economic development in Oakland County cities and villages. The County intends this Program to assist its municipalities by offering limited matching funds for specific, targeted road maintenance and/or improvement projects on roadways under the jurisdiction of cities and villages. Project Policies and Guidelines: The Oakland County Board of Commissioners and the Local Road Improvement Subcommittee has established policies, procedures and guidelines for project consideration. These documents have been included as Attachment "A". Available Funding: Oakland County's maximum contribution for projects in eligible cities or villages has been established within the distribution formula included as Attachment "B". Required Matching Funds: A city or village participating in the Local Road Improvement Matching Fund program shall match any funds authorized by the Oakland County Board of Commissioners in an amount equal to a minimum of 50% of the cost of the total project award. Funding shall be utilized to supplement and enhance local road maintenance and improvement programs. Funding is not intended to replace existing budgeted local road programs or to replace funding already committed to road improvements. REQUESTING LOCAL GOVERNMENT MUNICIPALITY VILLAGE OF LEONARD CONTACT PERSON Michael McDonald TELEPHONE NUMBER Village- 248 628 7380 Cell- 248 881 4603 STREET ADDRESS 23 E Elmwood; PO 789 CITY/ZIP LEONARD; 48367-0789 E-MAIL ADDRESS villageofleonard@gmail.com mikespace©aol.com PROJECT INFORMATION SHORT DESCRIPTION OF PROJECT Repaving/Reconstruction of the primary road known as Elmwood Street in the Village; Leonard Road outside the Village limits. ROAD/ROAD(S) TO BE IMPROVED Elmwood Street and Intersections at Forest Street (Rochester Road); Division Street;East Street DESCRIPTION The Village will be use Village and County matching dollars and MDOT funds to have the design, engineering and construction project for Elmwood Street completed. The project will take place over the 2016-17 time frame (two year project) and will include repaving the street with included improvements to accommodate the commercial traffic generated by Cooper Standard and the downtown Village parking areas on the street. The proposed improvements will increase pedestrian and vehicle traffic safety and support the economic development of the Village commercial and industrial centers in and out of the Village. Approximately a half mile of road reconstruction and paving along with drainage, parking and access improvements will be performed. The downtown paving will include parking area improvements for all downtown commercial uses, including the west side of Elmwood commercial district on Elmwood. PROJECT BUDGET FUNDING REQUESTED $1,409.00 LOCAL MATCH $705.00 TOTAL PROJECT BUDGET $725,034.00 DESCRIPTION OF PROPOSED PROJECT EXPENDITURES The Village will be receiving MOOT Rural funds for the project, which will require a local match. The receipt of Oakland County funds will also be matched in the indicated amount. The Village match funds will be generated by a Municipal Bond in the amount of $150,000 along with available local funds to match the difference between the bond income and total expenditure for other match's and construction. Proposed Program MOOT Funds $475,000 County Funds $1,409.00 Village MOOT Match $118,750 Village County Match $750.00 PE (Design Engineering) $51,625 CE (Construction Engineering) $77,500 Total Funds for Construction $725,034 ECONOMIC IMPACT OF PROJECT The Local Road Improvement Pilot Program has been established under MCL 123.872, the Gifts of Property Act, which provides that "A county may grant or loan funds to a township, village, or city located within that county for the purpose of encouraging and assisting businesses to locate and expand within the county." DESCRIBE HOW THE PROJECT MEETS THE STATUTORY REQU1RMENT OF ENCOURAGING AND ASSISTING BUSINESS TO LOCATE AND EXPAND IN THE COUNTY The Village of Leonard has a downtown which has been impacted by the general economy and has resulted in the loss of key local commercial business. The project includes repaving the parking areas of the downtown commercial business (which MDOT will not fund and the cost is being borne by the Village) and other improvements for pedestrian safety to enhance the commercial opportunity of these properties all along Elmwood. The Village is also home to a division of the international company Cooper Standard, which is located on Elmwood Street in the construction project area. The street also serves the Leonard Elementary School and the neighboring commercial and industrial uses to the east. Employee and commercial vehicle access will be improved along with improvements to sidewalks for universal (handicap) access. This will provide more and safer access to the downtown area which is within easy walking distance and will encourage employees to shop downtown for local offerings. Providing better roadway and pedestrian accommodation along with improvements in the business district will provide further benefit to local industrial and commercial traffic from outside the Village as well. The Village of Leonard actively plans for the improvement of pedestrian and vehicle safety and the attractiveness of new commercial development along with existing uses. Good roads and access are crucial to commercial uses, and the location of the Village on Rochester Road makes Elmwood Street a main arterial for all local and commercial traffic. It provides a high visibility profile while preserving historic residential and commercial uses. OPTIONAL MULTI-YEAR PROJECT PLAN The Local Road Improvement Program has been expressly established as a pilot program. There is no guarantee the program will be continued from year to year, The Local Road Improvement Program Subcommittee recognizes that the allocation authorized for local governments may not provide adequate funding in a single year to allow a project to move forward. Local governments shall be offered the opportunity to submit project plans that would necessitate the accumulation of multiple years of the community's allocation amount to fulfill the County's share of a project budget. A multi-year project plan submittal shall not exceed three years in duration. The allocation amount available to each community is subject to change annually based upon the factors utilized in the distribution formula. Consideration of multi-year project plans does not obligate Oakland County in any way to fund any project or program in the future. These plans are meant to be utilized for planning purposes and for consideration by the Oakland County Board of Commissioners to authorize a limited carryover of a community's allocation year to year. DESCRIPTION OF MULTI-YEAR PLAN INCLUDING ESTIMATED PROJECT BUDGET AND CARRYOVER PERIOD OF COMMUNITY'S ALLOCATION The Village is in the financing and design stage of the project for 2016. Once this portion is complete, construction will occur in 2017. The County Local Road Improvement Program funds will be used in 2017, barring any unforeseen change in either program or funding requirements. This means that the Village will expend approximately $50,000 dollars for design and testing in 2016, using Village funds. In 2017, the Village will have received the funds for the Municipal bond and will work with MDOT and other funding partners (County) to let and initiate construction including bids, analysis and actual construction. The MOOT and remaining Village funding obligations will be met using local Village, County LRIP and Bond funds to meet these obligations in the 2017 budget. ADDITIONAL INFORMATION The Local Road Improvement Program Subcommittee of the Finance Committee of the Oakland County Board of Commissioners has been tasked with managing this program and making recommendations for project approval. Please supply any additional information you believe may be helpful in the consideration of your application. OPTIONAL ADDITIONAL INFORMATION The Village cannot use MDOT Rural Program funds to replace/improve the parking areas along the street in the Village. As a result, this is an obligation of our General Fund dollars to cover this cost. The monies from the Oakland County Local Road Improvement Program will be used for this purpose, and can and will be spent for that regardless of any unforeseen changes in scope or cost for the project. REPORT FOLLOWING COMPLETION OF THE PROJECT MCI 123.872 requires that "the grant or loan contract made by a county shall require a report to the county board of commissioners regarding the activities of the recipient and the degree to which the recipient has met the stated public purpose of the funding". Michael J. McDonald I, on behalf of , have been provided with a copy of the Policies and Procedures of the Local Road Improvement Program (Attachment "A") and agree to comply with these terms and conditions. I, on behalf of the Village of Leonard ,understand and agree to comply with the requirement to provide the Oakland County Board of Commissioners with a report following the completion of an approved project outlining the degree to which the project met the stated purpose of the funding. June 29, 2016 Signature of Authorized Party Date Michael J. McDonald, President Printed Name and Title Please return completed application to: Local Road Improvement Subcommittee Oakland County Board of Commissioners 1200 N. Telegraph Road Pontiac, MI 48341-0475 A pdf copy of application can be emailed to: Chris Ward, Senior Analyst wardee@oakgov.com Questions regarding the application and approval process should be directed to Chris Ward at the email address above or by phone at (248)858-0111 Resolution #16191 July 20, 2016 Commissioner Middleton, Acting Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #16191) August 18, 2016 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS — PILOT LOCAL ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2016 APPROPRIATION —VILLAGE OF LEONARD — REPAVING AND RECONSTRUCTION OF ELMWOOD STREET— PROJECT NO. 2016-10 TO: The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. On May 18, 2016, the Board of Commissioners approved Miscellaneous Resolution #16103 which designated $1,000,000 in fund balance for the Local Road Improvement Matching Program for the purposes of improving economic development in Oakland County cities and villages. 2. Funding of $1,409 is available in the General Fund Assigned Fund Balance for Local Road Improvement Matching Program 2016 funding (account #383465) for project 2016-10. 3. This project is for repaving and reconstruction of Elmwood Street. 4, The FY 2016 budget be amended as follows: GENERAL FUND #10100 Revenue 9010101-196030-665882 Expenditures 9010101-153000-740085 FY 2016 Planned Use of Balance $1,409 Total Revenues $1,409 Local Road Funding Program $1,409 Total Expenditures $1,409 FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Long absent. Resolution #16191 August 18, 2016 Moved by Fleming supported by Quarles the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Fleming, Gingell, Hoffman, Jackson, Kochenderfer, KowaII, Long, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Crawford. (19) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). I HEREBY APPNoVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on August 18, 2016, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 18th day of August, 2016. Lisa Brown, Oakland County M4e.